P.Viswanathan v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P.No.28235 of 2025 P.Viswanathan ... Petitioner Vs.
1. The Inspector General of Registration, Registration Department, Santhome High Road, Mylapore, Chennai 600 028.
2. The District Registrar, Office of the District Registrar, Tiruppur District.
3. The Sub-Registrar, Office of the Sub-Registrar, Thottipalayam, Tiruppur District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned refusal check-slip in P/Thottipalayam/158/2024 dated 09.12.2024 issued by the 3rd respondent and quash the same and consequently 1/5
direct the 3rd respondent to register the release deed document present by the petitioner dated 09.12.2024.
For Petitioner(s) : Mr.K.Krishna (VC) For Respondent(s) : Mr.Abishek Murthy Government Advocate
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.
2. The present writ petition is filed praying for a writ of certiorarified mandamus to quash the impugned refusal check-slip issued by the 3rd respondent in P/Thottipalayam/158/2024, dated 09.12.2024 and to consequently direct the 3rd respondent to register the release deed.
3. It is submitted by the learned counsel for the petitioner that the petitioner along with his father Mr.Palanisamy Gounder and two brothers viz., Mr.P.Murugasamy and Mr.P.Paramasivam jointly owned the property comprised in S.F.No.279/4, admeasuring 2.16 acres, situated at Mudhalipalayam Village, Tiruppur District. After the demise of petitioner's father, petitioner along with his brothers continued to possess and enjoy the subject property. 2/5
3.1. It is submitted by the learned counsel for the petitioner that the petitioner along with his brother Mr.P.Murugasamy, intended to release their share of the subject property in favour of their brother Mr.P.Paramasivam vide Pending Document No.108/2024. However, when the document was presented for registration, 3rd respondent refused to register the same and issued impugned refusal check slip in P/Thottipalayam/158/2024 dated 09.12.2024, on the premise that a protest petition has been received by the 3rd respondent. It is further submitted that despite repeated requests the 3rd respondent has not furnished a copy of the protest petition.
4. When this was pointed out, the learned Government Advocate would submit that petitioner as well as the protest petitioner would be enquired and thereafter appropriate orders would be passed within a time frame to be fixed by this Court, which was agreed to by the learned counsel for the petitioner.
5. In view thereof, the writ petition stands disposed of with a direction to the respondents to conduct an enquiry with the petitioner and protest petitioner and thereafter proceed to register the release deed if it is otherwise in order within a period of 4 weeks from the date of uploading of the web copy without waiting for the receipt of certified copy. If for any reason, the registering 3/5
authority refuses to register the sale deed, the registering authority shall do so after issuing a refusal slip assigning reasons. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. No costs. Consequently, connected miscellaneous petition is closed. 11.07.2025 Speaking (or) Non Speaking Order Index : Yes/ No spp To:
1. The Inspector General of Registration, Registration Department, Santhome High Road, Mylapore, Chennai 600 028.
2. The District Registrar, Office of the District Registrar, Tiruppur District.
3. The Sub-Registrar, Office of the Sub-Registrar, Thottipalayam, Tiruppur District.
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MOHAMMED SHAFFIQ, J.
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